For Baby Club Terms & Conditions

For Baby Club Terms & Conditions

1. Use

By accessing this section of the website, you confirm that you agree to be bound by these Terms and Conditions (the "Terms") and acknowledge that Heinz Wattie’s provides you with access to the information on this website for informational purposes only. These Terms govern your access to this section of the website and should be read in conjunction with the Privacy Policy and Legal Information contained provided on this website.

 If do not agree to abide by these Terms, you should not use this section of the web site.

2. Access

Unless otherwise specified, the materials on this web site are directed solely at users who access this web site from New Zealand and who have specifically accepted these Terms and requested the information contained in this website for informational purposes. Heinz Wattie’s makes no representation that any information contained on this website is relevant or appropriate in any other territories.

3. Purpose

This web site provides information that is general in nature. It is a convenient educational and informational resource for mothers and their partners on issues related to parenthood, maternal and infant health, nutrition and well-being.  However, health issues and the rate and manner of child development will always differ according to the individual baby.  You should not rely on the information included on this website and should always consult your doctor or health professional in the event that you require specific advice in relation to any health, child development issues including those relating to diet, allergies and weaning.  You must not use the information on this website for diagnostic or treatment purposes.

4. Content

4.1 Heinz Wattie’s Content

All material including text, images, graphics, audio/visual or other materials on this web site created by Heinz Wattie’s (collectively "Heinz Wattie’s Content") remains the property of Heinz Wattie’s and/or its related companies and is subject to copyright. All trade marks, names, logos and other intellectual property in the Heinz Wattie’s Content is also owned by Heinz Wattie’s or its related companies. You may browse this site for informational and educational purposes. Any modification, transmission, hiring, copying (other than for non-commercial personal use) reusing or otherwise using the content of this web site for public or commercial purposes is strictly prohibited.

4.2 User Generated Content

4.2.1 Heinz Wattie’s does not claim any proprietary rights in any text, images, graphics, audio/visual or other materials on this website created by you (collectively "User Generated Content") which is submitted, displayed or posted on any section of the website.  You shall retain ownership of the User Generated Content subject to you waiving any moral rights which may exist in the User Generated Content and granting Heinz Wattie’s a royalty-free, non exclusive licence (the "Licence") to upload, store, use, modify, display, copy and distribute such User Generated Content solely in connection with the operation of this website and promotion of the Heinz Wattie’s Baby products in any media, either now in existence or which may be created in future, within Australia and New Zealand.  The Licence shall end either when you unsubscribe from this website or your access to this website is terminated (whichever is earlier) subject to You acknowledging that while Heinz Wattie’s will make reasonable efforts to remove the User Generated Content from this website, it may not be possible due to technical reasons .

4.2.2 In respect of any User Generated Content submitted, displayed or posted on or transmitted from this website you represent and warrant that:

(i) you are the creator or authorised user of any such User Generated Content; and

(ii) you are solely responsible for the User Generated Content that you submit, upload, post, display, or transmit on or from this website; and

(ii) the submission, display, posting or transmission of the User Generated Content does not breach any applicable laws within Australia,  New Zealand or elsewhere including but not limited to data protection and privacy laws, intellectual property rights, any relevant laws governing the uploading, storage, use and transmission of such User Generated Content in electronic or any other media; and

(iii) in respect of any User Generated Content containing an image in which any child under the age of 18 appears, you are either the parent or legal guardian of the child or have obtained the prior written consent of the child's parent or legal guardian to submit, upload, post, display or transmit that image on or from this website.

4.2.3 Monitoring Content

Heinz Wattie’s may from time to time monitor or review the content of any discussions, bulletin boards, chat rooms, tweets, images, photographs and any other communications or materials uploaded onto and/or sent via this website. Heinz Wattie’s accepts no responsibility for any error, omission, inaccuracy, falsehood, libel, slander, profanity, pornographic text or images contained in, uploaded onto or communicated via this website.

4.2.4 Objectionable Content

(i) If you become aware of any content contained in, uploaded onto or communicated via this website does not comply with these Terms or is in your opinion offensive, please click on the "Contact us" link on the Home Page of this website and provide us with full details of the inappropriate content.  If on review of your complaint, Heinz Wattie’s agree that the content is inappropriate Heinz Wattie’s will remove it from this website within 2 working days.

(ii) Heinz Wattie’s may refuse to upload, store, post, display, provide access to or transmit any User Generated Content which it in its sole discretion deems inappropriate, objectionable, offensive, illegal or which in any way harms or may harm the reputation of Heinz Wattie’s or the personal safety of any person (regardless of their age). Heinz Wattie’s assumes no responsibility for checking any content which may later be found to be inappropriate, objectionable, offensive, or illegal.

4.3 Prohibited Content

The following is a list of content which is prohibited from being uploaded, stored, posted, displayed, accessed or transmitted on, in or from this website:

(i) any inappropriate, objectionable, offensive, obscene or illegal User Generated Content;

(ii) any User Generated Content containing any pornographic materials, materials of a sexually suggestive manner  or which exploit any person sexually or  which contain a link to any adult website;

(iii) any User Generated Content which solicits or posts personal information in contravention of any data protection and privacy laws;

(iv) any User Generated Content which contains any audio-visual materials featuring photos or images of another person which you have posted without obtaining that person's consent (or if that person is not your child and is under 18 years of age, the consent or his/her parent or legal guardian) to upload onto this website

(v) any User Generated Content which contains information which the user uploads knowing the same to be false or misleading or advocates illegal activity including but not limited to materials or conduct which is abusive, threatening, defamatory or libellous;

(vi) any User Generated Content which contains any unauthorised copy of a copyright work including but not limited to pirated audio-visual materials or which infringes any other third party intellectual property rights;

(viii) any User Generated Content which involves  the transmission of unsolicited emails, junk mail or spam;

5. Third Party Sites

This website may include links to third party sites.  Heinz Wattie’s is not responsible for the content of those third party sites and you are advised to review the terms and conditions for use of those sites and any privacy policies before using those third party websites or submitting any personal information to them. Use of those third party websites is at your own risk.

6. Limitations of Liability

6.1 Whilst Heinz Wattie’s has worked diligently to provide accurate and complete information, it will not be liable to any person for any loss or damage which may arise directly or indirectly from the use of this web site (or any inability to use it) or any of the information contained on this web site if such loss or damage:

(i) is not reasonably foreseeable by you and Heinz Wattie’s at the time you first access the web site; or

(ii) amounts to any business or commercial loss; or

(iii) results from your use of the web site other than in accordance with these Terms or the default of any party other than Heinz Wattie’s; or

(iv) results from events outside of Heinz Wattie’s's reasonable control; or

(v) results from uploading of Prohibited Content; or

(vi) results from User Generated Content.

6.2 Liability of Heinz Wattie’s  for a breach of a condition or warranty implied by law or otherwise which cannot be excluded is limited, where permitted, to supplying or paying the costs of supplying the goods or services again.

6.3 Heinz Wattie’s cannot guarantee that this web site will be available to you at any time and accepts no responsibility to you if it is unavailable from time to time.  This web site and the information and material which it contains are subject to change without notice. Access to all or part of the website may be suspended without notice.

7. Indemnity

You agree to indemnify and hold Heinz Wattie’s, its subsidiaries and affiliates and their respective owners, officers, managers, members, agents and employees harmless from any loss, liability, claim or demand including reasonable attorneys' fees made by any third party due to or arising out of any use of this website in breach of the Terms or, in relation to any User Generated Content, any breach of your representations and/or warranties or any applicable laws in Australia or New Zealand.  

8. Data Transfer

You may choose to provide Heinz Wattie’s with information about yourself in the course of using this web site. By doing so, you expressly consent to Heinz Wattie’s using this data. You also consent to Heinz Wattie’s transferring the data to affiliate companies of Heinz Wattie’s throughout the world for such purposes. Any information collected in connection with your use of this website may be processed and stored in any country in which Heinz Wattie’s, its affiliates or related companies maintain facilities. The information you provide will only be used by the Heinz Wattie’s group of companies and will not be sold to third parties. The information will not be used for any direct marketing or unsolicited communication, unless you have given us permission to do so. It may also be used internally by Heinz Wattie’s. We may also make use of the data for direct marketing purposes. It may also be used internally by Heinz Wattie’s to assess the function of our web sites and the needs of our customers.

9. Confidentiality

With the exception of any personal information subject to data protection laws, any communication or material which you transmit to Heinz Wattie’s through this web site or otherwise via the internet will be treated as non-confidential. Subject to the relevant provisions of this Terms , any communications and other material which you send to Heinz Wattie’s are and shall remain the property of Heinz Wattie’s and may be used for any purpose whatsoever, commercial or otherwise without  compensation.

10. Termination

If you breach any of the above Terms, Heinz Wattie’s shall (at its sole discretion) be entitled to prevent you accessing all or any part of this website. Although we will try to notify of the reasons for taking any such action, we are under no obligation to do so.

2013 © H.J. Heinz Wattie’s Company Australia Limited. All Rights Reserved


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